CO‐OFFENDING AND THE DEVELOPMENT OF THE DELINQUENT CAREER*

This article examines the role of co‐offending in the development of the delinquent career. Hypotheses derived from Reiss's (1986, 1988) taxonomic theory of co‐offending are tested, using police‐reported data on the delinquent careers and co‐offending of 55,336 Canadian offenders. Support is found for a taxonomic theory and for age‐related and functional theories of co‐offending. The taxonomy consists of two types of offenders—high activity (3 percent) and low activity (97 percent)—whose co‐offending patterns differ during the teenage years but not during childhood. For low‐activity offenders as teenagers, the proportion of co‐offenses decreases with criminal experience. The rate of co‐offending by high‐activity offenders as teenagers is lower at onset than for low‐activity offenders, and it varies little with criminal experience. For both offender types, the proportion of co‐offenses decreases with age, is slightly less in males, and varies with the type of offense. For both offender types, the proportion of co‐offenses in childhood offending is greater than in the teenage years and is unrelated to the offender's age or criminal experience.     

THE ROLE OF RACE AND ETHNICITY IN PAROLE DECISIONS*

The parole board plays an integral part in the reentry of offenders into the community from prison in most states; yet, little is known about the decision‐making practices of this group. In particular, few studies have used quantitative data to examine parole among a large group of offenders, and less is known about the direct and joint effects of race and ethnicity on this decision point. We extend previous work by considering variation in parole timing among a sample of young, serious offenders incarcerated in one state. Results from a series of proportional hazard models reveal substantial variation in parole timing. Consistent with the existing theoretical research on parole, parole actors are most concerned with community protection and heavily weigh measures of the current offense, institutional behavior, and the official parole guidelines score. The direct effects of race and ethnicity were also revealed. Black offenders spent a longer time in prison awaiting parole compared with white offenders, and the racial and ethnic differences are maintained net of legal and individual demographic and community characteristics. These findings provide important insight into the parole process and augment the existing theoretical work on disparities in decision making.     

DOES ECONOMIC ADVERSITY BREED CRIMINAL COOPERATION? CONSIDERING THE MOTIVATION BEHIND GROUP CRIME

The fact that most offenders have accomplices at some point in their criminal career is curious, given the risks associated with criminal cooperation. McCarthy, Hagan, and Cohen ( 1998 ) offered the first formal theory of the decision to co‐offend, which addressed explicitly the uncertainties attached to the decision to engage in group crime. They posited that when offenders experience adversity, they become more risk seeking and oriented toward the chance for potential gain, which essentially outweighs the uncertainties attached to criminal cooperation. McCarthy, Hagan, and Cohen's analysis of street youth offered some empirical support for their premise but left open many important questions. The current study uses data from two different samples of incarcerated felons in Nebraska (N = 321 offenders) and Colorado (N = approximately 1,120 observations nested within approximately 640 offenders) that provide information on different forms of economic adversity. Logistic regression models provide some evidence for the association between adversity and co‐offending, but they are inconsistent. In contrast, a preference for excitement is a consistent and powerful predictor of offending.     

DETERRENCE,CRIMINAL OPPORTUNITIES,AND POLICE

In this article, we join three distinct literatures on crime control—the deterrence literature, the policing literature as it relates to crime control, and the environmental and opportunity perspectives literature. Based on empirical findings and theory from these literatures, we pose a mathematical model of the distribution of criminal opportunities and offender decision making on which of those opportunities to victimize. Criminal opportunities are characterized in terms of the risk of apprehension that attends their victimization. In developing this model, our primary focus is on how police might affect the distribution of criminal opportunities that are attractive to would‐be offenders. The theoretical model we pose, however, is generalizable to explain how changes in other relevant target characteristics, such as potential gain, could affect target attractiveness. We demonstrate that the model has important implications for the efficiency and effectiveness of police deployment strategies such as hot spots policing, random patrol, and problem‐oriented policing. The theoretical structure also makes clear why the clearance rate is a fundamentally flawed metric of police performance. Future research directions suggested by the theoretical model are discussed.     

ON THE RELIABILITY AND VALIDITY OF SELF‐REPORTED ILLEGAL EARNINGS: IMPLICATIONS FOR THE STUDY OF CRIMINAL ACHIEVEMENT*

The study of the monetary returns to criminal activity is a central component in many emerging areas of criminology, including rational choice and offender decision‐making, desistance, and criminal achievement. Scholars have been increasingly captivated with specification of the earnings function and with examining how variations in illegal earnings predict important outcomes such as persistence in offending. The potential utility of findings in related empirical studies hinges on the quality of the key measure, self‐reported illegal earnings. Yet to date scant attention has been paid by researchers to the measurement properties of this metric. We analyze self‐reported illegal earnings generated from a variety of instrumental crimes by using data from the Pathways to Desistance Study (n = 585) and the National Supported Work Project (n = 1,509), which are two longitudinal data sets of active offenders separated by more than 30 years. Findings based on analyses both within and between data sets reveal support for the internal consistency reliability and criterion validity of self‐reported illegal earnings. Moreover, the results reveal premiums in terms of higher earnings associated with different crime types, which are persistent both over time and across data sets. Implications and future directions for advancing the theoretical study of criminal achievement are also discussed.     

Prosecutorial Discretion: An Examination of Substantial Assistance Departures in Federal Crack‐Cocaine and Powder‐Cocaine Cases

Recently there has been a call for research that explores decision‐making at stages prior to sentencing in the criminal justice process. Particularly research is needed under a determinate sentencing system where judicial dispositions are usually restricted by guidelines, which increases the importance of earlier decision‐making stages. As an answer to this call, and in an attempt to build on currents studies on the effects of departures as an intervening mechanism, and a source of unwarranted disparity, this study explores federal sentencing data on offenders convicted of crack‐cocaine and powder‐cocaine offenses. Although decision‐making of all criminal justice actors generally, and prosecutors specifically, has been the subject of much research, studies have yet to resolve the nature and outcome of their “autonomous” discretion. This autonomy becomes especially salient regarding prosecutorial decisions for substantial assistance departures. In deciding who receives a substantial assistance departure, the prosecutor has carte blanche power.     

TRAITS AND STATES: INTEGRATING PERSONALITY AND AFFECT INTO A MODEL OF CRIMINAL DECISION MAKING*

We propose and test a model of criminal decision making that integrates the individual differences perspective with research and theorizing on proximal factors. The individual differences perspective is operationalized using the recent HEXACO personality structure. This structure incorporates the main personality traits, but it carries the advantage of also incorporating Self‐Control within its personality sphere, and an additional trait termed Honesty‐Humility. Furthermore, the model offers a new perspective on proximal predictors, “states,” of criminal decisions by adding affect (i.e., feelings) to the rational choice–crime equation. The proposed model is tested using scenario data from a representative sample of the Dutch population in terms of gender, age, education level, and province (N = 495). As predicted by the model, personality was both directly and indirectly related to criminal decision making. Specifically, the traits Emotionality, Self‐Control, and Honesty‐Humility were mediated by both affect and rational choice variables. Conscientiousness operated only indirectly on criminal decision making via rational choice. Together, the findings support a trait‐state model of criminal decision making.     

Learning on the job: Studying expertise in residential burglars using virtual environments*

In this article, we describe a quasi‐experiment in which experienced incarcerated burglars (n = 56), other offenders (n = 50), and nonoffenders (n = 55) undertook a mock burglary within a virtual neighborhood. We draw from the cognitive psychology literature on expertise and apply it to offending behavior, demonstrating synergy with rational choice perspectives, yet extending them in several respects. Our principal goal was to carry out the first robust test of expertise in offenders by having these groups undertake a burglary in a fully fledged reenactment of a crime in a virtual environment. Our findings indicate that the virtual environment successfully reinstated the context of the crime showing clear differences in the decision making of burglars compared with other groups in ways commensurate with expertise in other behavioral domains. Specifically, burglars scoped the neighborhood more thoroughly, spent more time in the high‐value areas of the crime scene while traveling less distance there, and targeted different goods from the comparison groups. The level of detail in the data generated sheds new light on the cognitive processes and actions of burglars and how they “learn on the job.” Implications for criminal decision‐making perspectives and psychological theories of expertise are discussed.     

IMAGES OF DANGER AND CULPABILITY: RACIAL STEREOTYPING,CASE PROCESSING,AND CRIMINAL SENTENCING*

In this paper we argue that the meaning of race in criminal justice decision making will vary depending on other offender and offense characteristics, and that differences in treatment within races may therefore be as large as differences between races. We find that, among adult drug offenders from Washington State, those white offenders who most closely resemble the stereotype of a dangerous drug offender receive significantly harsher treatment than other white offending groups, while among black offenders, it is the defendants who least resemble a dangerous drug offender who receive substantially different—in this case, less punitive—treatment than other black offenders. That is, the exceptions are made for the most serious and the least serious offenders. We discuss the implications of these findings.     

THE PREDICTIVE VALUE OF CRIMINAL BACKGROUND CHECKS: DO AGE AND CRIMINAL HISTORY AFFECT TIME TO REDEMPTION?*

Criminal record checks are being used increasingly by decision makers to predict future unwanted behaviors. A central question these decision makers face is how much time it takes before offenders can be considered “redeemed” and resemble nonoffenders in terms of the probability of offending. Building on a small literature addressing this topic for youthful, first‐time offenders, the current article asks whether this period differs across the age of last conviction and the total number of prior convictions. Using long‐term longitudinal data on a Dutch conviction cohort, we find that young novice offenders are redeemed after approximately 10 years of remaining crime free. For older offenders, the redemption period is considerably shorter. Offenders with extensive criminal histories, however, either never resemble their nonconvicted counterparts or only do so after a crime‐free period of more than 20 years. Practical and theoretical implications of these findings are discussed.     

THE JUVENILE PENALTY: A COMPARISON OF JUVENILE AND YOUNG ADULT SENTENCING OUTCOMES IN CRIMINAL COURT*

This study uses criminal court data from the Pennsylvania Commission on Sentencing (PCS) to investigate the sentencing of juvenile offenders processed in adult criminal court by comparing their sentencing outcomes to those of young adult offenders in similar situations. Because the expanded juvenile exclusion and transfer policies of the 1990s have led to an increase in the number of juveniles convicted in adult courts, we argue that it is critical to better understand the judicial decision making processes involved. We introduce competitive hypotheses on the relative leniency or severity of sentencing outcomes for transferred juveniles and interpret our results with the focal concerns theoretical perspective on sentencing. Our findings indicate that juvenile offenders in adult court are sentenced more severely than their young adult counterparts. Moreover, findings suggest that juvenile status interacts with and conditions the effects of other important sentencing factors including offense type, offense severity and prior criminal record. We discuss these results as they relate to immediate outcomes for transferred juveniles, criminal court processes in general and the broader social implications for juvenile justice policy concerning the transfer of juveniles to criminal court.     

Classing Sex Offenders: How Prosecutors and Defense Attorneys Differentiate Men Accused of Sexual Assault

As public awareness of and concern about sexual victimization has increased in recent decades, stigmatization of sex offenders has also increased considerably. Contemporary sex offender policies transform discrete criminal behaviors into lifelong social identities. Although there is much debate about the efficacy and constitutionality of such policies, we know little about how the category of “sex offender” is constituted in the first place. In this article, I reveal how prosecutors and defense attorneys construct sex offenders, not as monsterous or racialized as is commonly thought, but as “lower class” men. This analysis is based on 30 in‐depth interviews with prosecutors and defense attorneys in Michigan. These legal actors wield disproportionate power in defining the boundaries of criminal behaviors and individuals. That they associate sexual criminality with lower class men demonstrates yet another way that class‐based inequalities are reproduced in the legal field.     

The influence of court location on type of criminal sentence: The rural-urban factor

The purpose of this study was to examine the effects of court location on criminal sentencing. Previous research in both the field of rural-urban sociology and public-policy decision making suggested that differences in the location of the sentencing court might result in different sentences being imposed on criminal offenders. Review of the criminal sentencing literature located several empirical studies which had previously focused on the rural-urban factor and criminal sentencing. The findings from those studies coupled with the conceptual linkages between rural-urban attitudes and values, public-policy decision making, and judicial sentencing provided a rationale for assuming that the sentences imposed on convicted offenders in rural, suburban, and urban courts might differ. Data for the study consisted of a secondary sample of 1,664 convicted Iowa felony offenders derived from archival sources including the Iowa Division of Adult Corrections and the Bureau of Correctional Evaluation within the Iowa Department of Social Services. The major finding from the study was that in urban courts legal considerations were of greater importance than extralegal ones in accounting for the sentences received by offenders, while in rural and, to a limited degree, in suburban courts, the opposite was true. The findings from the study contain theoretical and policy-related implications regarding criminal sentencing.     

INVESTIGATING THE STABILITY OF CO‐OFFENDING AND CO‐OFFENDERS AMONG A SAMPLE OF YOUTHFUL OFFENDERS*

Scholars have long argued that delinquency is a group phenomenon. Even so, minimal research exists on the nature, structure, and process of co‐offending. This investigation focuses on a particular void, namely the stability of 1) co‐offending and 2) co‐offender selection over time, for which divergent theoretical expectations currently exist that bear on issues central to general and developmental/life‐course theories of crime. By relying on individual‐level, longitudinal data for a sample of juvenile offenders from Philadelphia, we find that distinct trajectories of co‐offending exist over the course of the juvenile criminal career. This inquiry also develops an individualized measure of co‐offender stability, which reveals that delinquents generally tend not to “reuse” co‐offenders, although frequent offenders show a greater propensity to do so. The discussion considers the theoretical and policy implications of these findings as well as provides some avenues for future research.     

Courting Compliance: Case Managers as “Double Agents” in the Mental Health Court

An ethnographic study of four Midwest mental health courts was focused on how case managers influence the judicial response to offender noncompliance. Mental health courts, which bear little resemblance to traditional work group models, are staffed by teams of legal and social service professionals working collaboratively toward reducing recidivism and community reintegration for high‐risk offenders. Few studies, however, have explored how treatment providers practice their trade in this new court organization. I investigate how case management professionals, working at the intersections of the social welfare and criminal justice systems, leverage courtroom decision making that results in greater leniency or enhanced punishment. The findings suggest that mental‐health‐court case managers act as boundary spanners in terms of their strategic use of resources to facilitate treatment goals. I conclude that case managers act as “double agents” challenging the state to advocate for clemency while enforcing client rules to uphold the integrity of the court.     

Prevalence and Characteristics of Co‐Offending Recruiters

Previous examinations of co‐offending have identified a subset of high‐rate offenders who commit crimes with a large number of co‐offenders, most of whom are younger and less criminally experienced. These so‐called “recruiters” are of particular interest to researchers and practitioners, because of their potential role in facilitating offending onset and recidivism among their co‐offenders. In this paper, data on 61,646 individuals detected by a large UK police force are used to identify offenders who fitted the recruiter profile, and to compare their individual and offending characteristics with those of non‐recruiters. In total, 86 recruiters were identified. In multivariate analyses, recruiters were found to be older than non‐recruiters and were typically involved in property crimes. In addition, they tended to offend in criminal groups that were more heterogeneous and stable than non‐recruiters. These findings suggest that a small but identifiable group of recruiters can be detected using official data and that these individuals may be important targets for police attention and court treatment.     

Decision Making in a Hybrid Organization: A Case Study of a Southwestern Drug Court Treatment Program

This article presents a case study of decision making in a drug court located the southwestern United States. This study seeks to fill a gap in research on decision making by attending to the ways that drug court officials navigate the demands of a court that is dedicated to both therapy and criminal justice. This analysis differs from previous research by viewing the drug court as a “hybrid organization” and asking how the staff members interact in the decision‐making process. Additionally, this research provides an opportunity to investigate the concerns over collaborative decision making raised by critics. The data from this case study reveal that as a hybrid organization, the drug court staff often divides along institutional lines by allowing the counseling staff to manage treatment and the judge to manage punishment. When tensions arise, they are resolved by the structure of the court, which is hierarchical rather than collaborative.     

Discretion and the Sex Dyad: Exploring the Interactive Effects of Offender and Victim Sex on Reporting and Arrest of One-on-One Assaultive Crime

Gender has been hypothesized to affect how violent offenders are treated within the criminal justice system, but studies have tended to ignore the role of the victim in decision making. This study explores the interactive effects of offender and victim sex (i.e., the sex dyad) on reporting and arrest of one-on-one assaultive crime. Using data from the National Crime Victimization Survey and National Incident-Based Reporting System, findings show that male-on-female offenses are reported to police more often than other dyads, but female-on-male offenses result in more arrests. Meanwhile, female-on-female offenses result in fewer arrests, despite nonsignificant differences in reporting. Implications of findings for theory and future research on gender discretion are discussed.     

A fundamental attribution error? Rethinking cognitive distortions†

The notion of ‘cognitive distortion’ has become enshrined in the offender treatment literature over the last 20 years, yet the concept still suffers from a lack of definitional clarity. In particular, the umbrella term is often used to refer to offence‐supportive attitudes, cognitive processing during an offence sequence, as well as post‐hoc neutralisations or excuses for offending. Of these very different processes, the last one might be the most popular and problematic. Treatment programmes for offenders often aim to eliminate excuse‐making as a primary aim, and decision‐makers place great weight on the degree to which an offender “takes responsibility” for his or her offending. Yet, the relationship between these after‐the‐fact explanations and future crime is not at all clear. Indeed, the designation of post hoc excuses as criminogenic may itself be an example of fallacious thinking. After all, outside of the criminal context, post hoc excuse‐making is widely viewed as normal, healthy, and socially rewarded behaviour. We argue that the open exploration of contextual risk factors leading to offending can help in the identification of criminogenic factors as well as strengthen the therapeutic experience. Rather than insist that offenders take “responsibility” for the past, we suggest that efforts should focus on helping them take responsibility for the future, shifting the therapeutic focus from post hoc excuses to offence‐supportive attitudes and underlying cognitive schemas that are empirically linked to re‐offending.     

Beyond the "science of sophomores": does the rational choice explanation of crime generalize from university students to an actual offender sample?

Much of the criminological literature testing rational choice theory has utilized hypothetical scenarios presented to university students. Although this research generally supports rational choice theory, a common criticism is that conclusions from these studies may not generalize to samples of actual offenders. This study proceeds to examine this issue in two steps. First, a traditional sample of university students is examined to determine how various costs and benefits relate to their hypothetical likelihood of offending. Then the same data collection procedures are employed with a somewhat different sample of younger, adjudicated, and institutionalized offenders to determine whether the conclusions drawn from the student sample generalize to this offender sample. Results generally suggest that the content and process of hypothetical criminal decision making differ in the sample of known offenders relative to the university students. Limitations of the current study, as well as suggestions for future research, are discussed.